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Critically compare and contrast the extent to which judges in civil law jurisdictions, (such as France), and those in common law jurisdictions, (such as England & Wales), could be said to make law
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- Words:
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- Submitted:
- Mon Aug 17 2009
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... Critically compare and contrast the extent to which judges in civil law jurisdictions, (such as France), and those in common law jurisdictions, (such as England & Wales), could be said to make law First of all, it would be prudent to clarify the definitions of both civil law and common law. Civil law is defined as: the body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political or military matters.1 Common law on the other hand is defined as: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute common law of torts.2 Already it is clear to see that there is a significant difference between the two systems, in that civil law is not based on custom or precedent whereas common
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